Government and Administration

Kept the King's peace - responsible for arrest, detention and prosecution of criminals.

Appointed annually from among the local landowners in each county and was the closest thing Tudor England had to a police officer.

Organised and supervised elections to parliament and MPs could take their seats - if had sheriff's writ to confirm election.

Played important role in local justice and administration

Gradually been replaced by the JPs as the chief government officers

Had military role - responsible for supervising muster of militia - local men who were drafted to serve a period in service of crown.

What problems did the king face in local government?

Disputes between members of nobility

War of Roses - system of local governments collapsed

Edward IV attempted to rebuild structure. Tried to do in two ways: travelled across country intervening in disputes and hearing cases in common law courts; appointed powerful local magnates to control particular areas.

Successful - gave responsibility to nobles (controlled vast areas of land - enormous power and influence

Weaknesses - concentration of power (led to cration of over-mighty subjects; caused discnent among who were overlooked.

Nobles seized opportunity to take authority and ignore royal commands.

Control of Magnates

Justices of the Peace (JPs)

Extending their powers

After 1485 - continued to be selected from those with significant amounts of land

Followed example of Edward IV - widens scope of JP's responsibilities

1487 - given power to grant bail to those awaiting trail.

1461 - Edward IV transferred power to try criminal offences within the country from sheriff to them.

1485 - act of parliament gave them power to arrest and question poachers or hunters (in disguise) - cover for murder or rebellion.

Chose to rely on second rank of each county's landowners

Weakens power of greater magnates - led to corruption of justice at the local level.

1495 -

Given power to replace suspect members of juries, act in cases of non-capital offences without jury, reward informers.

Henry relied on their own self-interest - leaders of society for upholding law and order

Only control over them - threat of removal from commission (acted improperly) - regarded as a considerable social disgrace.

Dealt with problem of corrupt or intimidated juries - often used by men of influence (way of escaping punishment)

Limitations of their powers

Had to apply considerable pressure to fill positions - petty crimes went unpunished.

By law every hundred had to provide itself with High Constable and every parish Petty Constable

Responsibility - unpopular and no significant fee for job

Limited powers - Henry dependant on them for maintenance of law and order

Dependant on lesser officials in countryside to bring offenders to them.

Court of King's Bench - override decisions made at Quarter Session

After 1485 - JPs commanded to read out proclamation at beginning of each session - empathising grievances against Justices could be taken to either an Assize Judge or the king

Weakness of type of local government - king dependant on goodwill of his officials, system of paid servants would be more efficient.

Worked effectively

Appointed annually from among local landowners - average number commission (for county) - 18

Local bishop would head the list of those appointed - lay landowners following in strict order of social precedence.

Largest landowners sometimes chosen to be JPs - it was knights and esquires who carried out majority of JPs duties on daily basis.

Responsible for: defence of public order; implementing various statutes of social and economic nature (those concerned with regulation of wages and guilds); dispensing justices to criminals (brought before them by sheriffs) - 4 times a year required to meet - try those accused of most serious crimes (except treason - left to council)

Had authority to pass judgement on all other crimes - difficult cases passes to the Assize Courts

Assizes - sessions held twice a year in each county in England by professional judges under special commission from crown.

Position did not carry any sort of payment - to offer rewards seemed inappropriate

Thought to be natural part of landowning classes' responsibility to ensure effective system of law enforcement.